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Federal Court Rules that Missouri Anti-ESG Rules Are Preempted by Federal Law and Are Unconstitutional

On August 14, 2024, the United States District Court for the Western District of Missouri declared unconstitutional two anti-ESG disclosure rules issued by the Missouri Securities Division and applicable to broker-dealers and...more

CFTC Faces Pressure on Voluntary Carbon Credit Derivative Contracts and Carbon Credit Trading

On July 31, 2024, nine Democratic lawmakers from the House and Senate wrote a letter to the Commodity Futures Trading Commission’s (“CFTC”) Chairman in support of the proposed guidance regarding the listing of voluntary...more

Is the CSDDD Really Setting a Level Playing Field for Human Rights Due Diligence?

With calm being restored after the frenzied effort in the EU to pass the Corporate Sustainability Due Diligence Directive (CSDDD), it may be time to evaluate the extent to which the law as adopted has met its original...more

What exactly does “Due Diligence” mean under the CSDDD?

With great fanfare, the Corporate Sustainability Due Diligence Directive (CSDDD) will soon become law in the EU. As many have commented – and we have written about repeatedly for four years (see here, here, here and here for...more

Pecuniary vs. Nonpecuniary Factors: Understanding the Potential Scope of Anti-ESG Restrictions in U.S. State Laws

Executive Summary and Overview- State anti-ESG lawmakers have enacted legislation aimed at restricting investors from considering ESG factors in their investment strategies and decisions by requiring state financial...more

Credit Funds: The Year of the Regulator

We are delighted to bring you this edition of Spotlight Magazine, the content of which has come at just the right time, with it becoming increasingly apparent that we are in the midst of a global regulatory refresh of the...more

SEC Issues Final Rule on Climate Disclosures

In an open meeting on Wednesday, March 6, 2024, the Securities and Exchange Commission (“SEC”) approved in a 3-2 vote a Final Rule on climate disclosures that will “require registrants to provide certain climate-related...more

EU Legislators Reach Provisional Agreement on Corporate Sustainability Due Diligence Directive

After months of discussion – and years of development – on December 14, 2023, the European Council and the Parliament reached a provisional agreement on the Corporate Sustainability Due Diligence Directive (“CSDDD”). The...more

New California Law Imposes Anti-Greenwashing Disclosure Requirements Starting January 2024

While California’s Climate Accountability Package has received much recent attention, another California climate disclosure bill targeting corporate greenwashing was also signed into law on October 7, 2023, and its...more

Good Governance and The Future Scope of Human Rights Due Diligence

As we transition into an era of human rights due diligence mandated by regulation, many in the business and human rights community are nervously asking the same question. Will a company’s steps to identify and address actual...more

The Evolving Role of Boards of Directors Regarding Business and Human Rights

Three years ago, as part of the EU’s initiative on sustainable governance, the European Commission released a lengthy study on directors’ duties. The study affirmed what many already understood: corporate decision makers face...more

Carbon Offsets and Voluntary Carbon Markets – Opportunities and Uncertainty

The voluntary carbon market is rapidly growing to match the increasing focus by corporate leaders on ESG efforts and net-zero goals. In 2021, the voluntary carbon market reached $2 billion, and by some estimates may be worth...more

Multi-Stakeholder Initiatives and Mandatory Due Diligence

While it might seem counterintuitive, as business and human rights continues a sprint toward a mandatory paradigm, voluntary multi-stakeholder initiatives (“MSIs”) are perhaps more important than ever before. MSIs provide...more

Corporate Sustainability Due Diligence in the EU: Latest Updates and What to Expect Next

A European legislative initiative aimed at requiring companies to undertake human rights and environmental due diligence is gradually but steadily making its way through the EU institutions. Previously, on March 10, 2021, the...more

Human Rights Risks for Mining and Manufacturing: Lessons from Ten Years of the OECD Guidelines

In 2011, following the adoption of the United Nations Guiding Principles, the OECD Guidelines for Multinational Enterprises (the “Guidelines”)—the only existing intergovernmental guidance to businesses—introduced a new...more

Don’t be Afraid of Mandatory Human Rights Due Diligence in the EU … It’s Already Here

The European Union’s Draft Corporate Sustainability Due Diligence Directive (“CSDDD”) continues to generate ample attention and feedback. At its core, the proposed directive seeks to apply the due diligence formula of the UN...more

Human Rights Risks for the Financial Sector: Lessons from Ten Years of the OECD Guidelines

In 2011, following the adoption of the United Nations Guiding Principles, the OECD Guidelines for Multinational Enterprises (the “Guidelines”)—the only existing intergovernmental guidance to businesses—introduced a new...more

Norway and the Right to Information Under Human Rights Principles

The Norwegian Transparency Act, a broad law mandating that covered companies conduct human rights-related due diligence for their operations and supply chains, went into effect in July 2022. The ambitious law is part of a...more

Our Top 10 Predicted Business and Human Rights Issues for 2023

The explosion of global business and human rights continued to resonate across the globe in 2022. Some of the business and human rights trends have been evident and growing for several years; others are relatively new. Many...more

Downstream Due Diligence: Regulation through Litigation

As the European Union (“EU”) continues to debate whether downstream responsibilities will fall within the contours of its hefty Corporate Sustainability Mandatory Due Diligence Directive (“CSMDD”), and the EU Council just...more

[Webinar] Survive or Thrive? Navigating the ESG Regulatory Landscape in Life Sciences - October 18th, 11:00 am - 12:00 pm ET

In the ever-evolving compliance landscape for life sciences companies, staying abreast of current trends and developing best practices to assess and mitigate risks is critical. Environmental, Social, and Governance (ESG)...more

Ephemeral Messaging at the Office: Avoiding Pitfalls and Establishing Best Practices

Users of ephemeral messaging applications may intend that their messages be—as the word “ephemeral” suggests—short lived, but the real-world consequences and legal ramifications from improper use of such apps can be anything...more

The EU’s Proposed Regulation Prohibiting Products Made with Forced Labor on the EU Market: Coverage and Context

With great anticipation, on September 14 the European Union proposed a new regulation broadly prohibiting the import, export and sale of goods made wholly or in part with forced labor (“Proposed Regulation”)....more

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